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Wednesday, April 16, 2014

But the child's not mine! What do I do?

We answered a question about a shocking "child is not mine" revelation in a recent forum about custody and family law. It is repeated here:
I have been married for 5 years to my wife. During that time (on 06 Jan 2012) we had a daughter. I just took a dna test and found out she is not mine. What can I do? How can I end this marriage?

The case of the "child that's mine."

Generally, the Courts frown on breaking up a family, even if it later turns out that the child was not the biological offspring of one of the putative parents (that means one of the parents that the law assumes should be the parent, i.e. mom and dad). The key, in cases of DNA showing that one parent is not the actual parent, is how long this has been known, and how long the child has been treated as belonging to the parent.

In your case, the child has been alive for just shy of two years. You would need to motion the court for divorce and termination of custody rights. Your case would be for-cause.

If you would like to discuss this further, feel free to contact us at 703-402-2723. Family cases involving infidelity and children are very sensitive and emotional. We can walk you through the steps and discuss not only your legal rights, but also the moral implication of what steps you are taking.

Sean Hanover, Esq.
Hanover Law
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

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